Describe the Role of Magistrates in Civil and Criminal Cases
Describe the role of magistrates in civil and criminal cases
A Lay- person in the context of a lay magistrate is a person with no legal qualifications or training in law. Their purpose is to provide experience of society and ensure that the common people’s values are represented when delivering a verdict. Most magistrates are lay magistrates and they are also referred to as justices of the peace. There are roughly 30,000 lay magistrates sitting on the bench and they usually sit in threes but section 49 of the crime and disorder act 1998 allows single magistrates to exercise certain powers when administering justice. All magistrates are appointed by the Lord Chancellor on the advice of the local advisory committees for each area. To become a Lay magistrate a person must be between the ages of 18 to 65 but this requirement has only recently come into place, with the requirement being dropped from 21 to 18 in 2003. A lay magistrate must have six key qualities to enable them to be appointed, these ensure that the magistrate is of sound mind and judgement. Most magistrates are nominated by groups such as trade unions but a person can nominate themselves to partake in the role. The maximum sentence a lay magistrate can give if up to 6 months imprisonment and a £5000 fine. Therefore there power is restricted enabling them to only deal with certain cases. It is said that magistrates are involved in 97% of cases whether this is in the pulmonary stages or the final sentencing; therefore it is clear to see that they play a vital role within the legal system.
A lay magistrate’s role is mainly in the criminal courts. As Law explains that magistrates conduct summary trials-these are minor cases only dealt with within the magistrates courts, they also sentence defendants who plead of are found guilty and hold committal proceedings in indictable offences-these are offences of a serious nature and finally they deal with hybrid offences, when a defendant has asked to have his case
A Lay- person in the context of a lay magistrate is a person with no legal qualifications or training in law. Their purpose is to provide experience of society and ensure that the common people’s values are represented when delivering a verdict. Most magistrates are lay magistrates and they are also referred to as justices of the peace. There are roughly 30,000 lay magistrates sitting on the bench and they usually sit in threes but section 49 of the crime and disorder act 1998 allows single magistrates to exercise certain powers when administering justice. All magistrates are appointed by the Lord Chancellor on the advice of the local advisory committees for each area. To become a Lay magistrate a person must be between the ages of 18 to 65 but this requirement has only recently come into place, with the requirement being dropped from 21 to 18 in 2003. A lay magistrate must have six key qualities to enable them to be appointed, these ensure that the magistrate is of sound mind and judgement. Most magistrates are nominated by groups such as trade unions but a person can nominate themselves to partake in the role. The maximum sentence a lay magistrate can give if up to 6 months imprisonment and a £5000 fine. Therefore there power is restricted enabling them to only deal with certain cases. It is said that magistrates are involved in 97% of cases whether this is in the pulmonary stages or the final sentencing; therefore it is clear to see that they play a vital role within the legal system.
A lay magistrate’s role is mainly in the criminal courts. As Law explains that magistrates conduct summary trials-these are minor cases only dealt with within the magistrates courts, they also sentence defendants who plead of are found guilty and hold committal proceedings in indictable offences-these are offences of a serious nature and finally they deal with hybrid offences, when a defendant has asked to have his case